Jake F. v. Plainview-Old Bethpage Central School District
Cases that cite this one
23 later published cases cite this decision.
- Francis v. Mount Vernon Bd. of Educ. (Appellate Division of the Supreme Court of New York 2018)
- Harrington v. Bellmore- Merrick Central High School District (Appellate Division of the Supreme Court of New York 2014)
- Harrington v. Bellmore- Merrick Central High School District (Appellate Division of the Supreme Court of New York 2014)
- Braunstein v. Half Hollow Hills Central School District (Appellate Division of the Supreme Court of New York 2013)
- Braunstein v. Half Hollow Hills Central School District (Appellate Division of the Supreme Court of New York 2013)
- Carabello v. New York City Department of Education (District Court, E.D. New York 2013)
- Basile v. Board of Educ. of the Glen Cove City Sch. Dist. (Appellate Division of the Supreme Court of New York 2023)
- Knaszak v. Hamburg Cent. Sch. Dist. (Appellate Division of the Supreme Court of New York 2021)
- Meyer v. Magalios (Appellate Division of the Supreme Court of New York 2019)
- Hale v. Holley Cent. Sch. Dist. (Appellate Division of the Supreme Court of New York 2018)
- Brown v. South Country Central School District (Appellate Division of the Supreme Court of New York 2016)
- Sacino v. Warwick Valley Central School District (Appellate Division of the Supreme Court of New York 2016)
- Ciccone v. City of New York (Appellate Division of the Supreme Court of New York 2016)
- Cruz v. Brentwood Union Free School District (Appellate Division of the Supreme Court of New York 2015)
- Staten v. City of New York (Appellate Division of the Supreme Court of New York 2015)
- Maldari v. Mount Pleasant Central School District (Appellate Division of the Supreme Court of New York 2015)
- Braun v. Longwood Junior High School (Appellate Division of the Supreme Court of New York 2014)
- Keith S. v. East Islip Union Free School District (Appellate Division of the Supreme Court of New York 2012)
- Keith S. v. East Islip Union Free School District (Appellate Division of the Supreme Court of New York 2012)
- Geywits v. Charlotte Valley Central School District (Appellate Division of the Supreme Court of New York 2012)
- Geywits v. Charlotte Valley Central School District (Appellate Division of the Supreme Court of New York 2012)
- Khosrova v. Hampton Bays Union Free School District (Appellate Division of the Supreme Court of New York 2012)
- Khosrova v. Hampton Bays Union Free School District (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Ordered that the order is reversed, on the law, with costs, and the appellant’s motion for summary judgment dismissing the complaint insofar as asserted against it is granted.
On October 15, 2008, the infant plaintiff, a high school student, was dismissed after eighth period and was on school grounds during ninth period when a fellow student allegedly assaulted him, causing serious injuries. The infant plaintiff, by his father, and his father, suing individually, commenced this action alleging, inter alia, that the defendant Plainview-Old Bethpage Central School District (hereinafter the defendant) breached a duty to provide adequate supervision, proximately causing the infant plaintiff’s injuries. The defendant moved for summary judgment dismissing the complaint insofar as asserted against it contending, inter alia, that it did not breach a duty to provide adequate supervision because the acts of the fellow student could not reasonably have been anticipated. In the order appealed from, the Supreme Court denied the motion. We reverse.
“Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision” (Mirand v City of New York, 84 NY2d 44, 49 [1994]). “In determining whether the duty to provide adequate supervision has been breached in the context of injuries caused by the acts of fellow students, it must be established that school authorities had sufficiently specific knowledge or notice of the dangerous conduct which caused injury; that is, that the third-party acts could reasonably have been anticipated” (id. at 49; see Buchholz v Patchogue-Medford School Dist., 88 AD3d 843, 844 [2011]).
Here, the defendant established, prima facie, that the assault was an unforeseeable act that, without sufficiently specific knowledge or notice, could not reasonably have been anticipated by the defendant (see Brandy B. v Eden Cent. School Dist., 15 NY3d 297, 302 [2010]). The defendant submitted evidence that the infant plaintiff and the assailant had no previous interaction, and that the assailant’s disciplinary record contained several instances of nonviolent, disruptive behavior and a single, remote incident of fighting two years and nine months prior to the instant assault. With this evidence, the defendant sustained
Case-law data current through December 31, 2025. Source: CourtListener bulk data.